<?php
    include_once('constants.php');
?>
<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">
<html xmlns="http://www.w3.org/1999/xhtml" xmlns:v="urn:schemas-microsoft-com:vml">
  <head>
    <meta http-equiv="content-type" content="text/html; charset=utf-8"/>
    <title><?php echo $product_name;?></title>
    <link rel="stylesheet" href="css/main.css" type="text/css">
  </head>
  <body>    
    <div id="main">      
    <?php 
      include ("header.php");      
    ?>        
    <h1>Terms of Use</h1>
    <p>
    By using the <?php echo $product_site?> web site (the "Service"), a service of <?php echo $product_name; ?> Ltd. ("<?php echo $product_name; ?>"), you accept the following terms and conditions (the Terms of Use). In addition to the Service, <?php echo $product_name; ?> also provides you with a client application for your mobile phone (the "Software"), which may be downloaded by you from the <?php echo $product_name; ?>.com web site, or in the future pre-installed by the phone manufacturer or mobile operator, copied from a <?php echo $product_name; ?> user over Bluetooth or downloaded from some third-party partner web sites. These Terms of Use apply also to the installation and use of the Software.
    </p>
    <p>
    You are also aware of our Privacy Statement located on the <?php echo $product_name; ?>.com web site. Using the Service and the Software is governed also by the Privacy Statement, which is incorporated into these Terms of Use by this reference. In the event of inconsistency between these Terms of Use and the Privacy Statement, these Terms of Use shall prevail.
    </p>
    <h2>
    Main Features of the Service and the Software
    </h2>
    <p>
    The main features of the Service let you:
    </p>
      <ol>
       <li>share your location (neighborhood, city, and country) based on gps signal or cellular network tower IDs. This location is only shared to other members if you make your profile public and/or  to members you acept to share your profile.</li>   
       <li>time when your location was last updated.</li>
       <li>post presence updates to your presence stream at findMe.com using the <?php echo $product_name; ?> Web service, by text message from a mobile phone, and/or using the Software if you have downloaded and installed it on your phone.</li>
       <li>add other <?php echo $product_name; ?> members as your contacts and subscribe to their presence updates;</li>
       <li>browse the presence updates of your contacts and other <?php echo $product_name; ?> members who have designated their presence streams as public;</li>   
      </ol>
    <p>  
    <h2>
    General Conditions
    </h2>
      <ol>
       <li>You must be at least 13 years of age to use the Service and the Software.</li>
       <li>You agree to keep your password secure and confidential.</li>
       <li>You are solely responsible for any activity that occurs under your screen name, password or account.</li>
       <li>You must not harass, intimidate or impersonate other <?php echo $product_name; ?> users or use any information obtained from the Service in order to do so.</li>
       <li>The Service and the Software are only for your personal use. You are not allowed to use the Service and/or the Software for any commercial purposes.</li>
       <li>You agree not to engage in any illegal or unauthorized conduct (including but not limited to transmitting viruses or other harmful files) on or through the Service or by using the Software. You agree to comply with all local laws (including but not limited to those relating to copyright and other intellectual property rights) that may be applicable to you regarding acceptable online conduct and content.</li>
       <li>You are solely responsible for any data, screen names, graphics, photos, profiles, audio and video clips, links and any other content (the â€œContentâ€�) that you submit and display on the Service. You may not submit and display on the Service any copyrighted material, trademarks or other proprietary Content belonging to others without obtaining the prior written consent of the owner of such proprietary rights.</li>
       <li>We may, but have no obligation to, remove Content and accounts containing Content that we consider in our sole discretion being unlawful, offensive, threatening, obscene or otherwise objectionable or violate any party's intellectual property rights or these Terms of Use. While <?php echo $product_name; ?> prohibits such Content on the Service, you understand and agree that the Content posted on the Service by its users is not necessarily reviewed by <?php echo $product_name; ?> and <?php echo $product_name; ?> cannot be responsible for the Content.</li>
       <li>You agree to indemnify, defend and hold <?php echo $product_name; ?> harmless from and against any and all claims, damages, losses and expenses (including but not limited to reasonable legal fees) relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Service and the Software, resulting in claims against us by other users or third parties.</li>
       <li>You agree not to hack the Service or the Software.</li>
       <li>You agree not to engage in any conduct or statement which falsely implies any association between <?php echo $product_name; ?>, the Service or the Software and yourself or other entity.</li>
       <li>You must not create, upload, email or otherwise make available any unsolicited commercial messages to any <?php echo $product_name; ?> users.</li>
       <li>You can use the Service and the Software free of charge. You will, however, have to pay for any and all network data charges that may be incurred when you download the Software or any upgrades thereto, or use the Service. To enable us to keep the Service and the Software free, you accept ("opt-in") that we may display and send to you targeted advertisements on or through the Service, the Software or SMS. Should you not wish to receive targeted advertisements through SMS, you can prohibit it by notifying us of the same ("opt-out"). In the future, we may also offer you with premium service features and you will then have the option to decide whether to subscribe to and pay for such premium services. In addition to these Terms of Use, also additional purchase terms and conditions may apply to the subscription and payment of such premium services in which case those additional terms and conditions will be added to the <?php echo $product_name; ?> web site.</li>
       <li>We reserve the right to modify or terminate the Service and the Software, and to refuse the Service to anyone, for any reason, with or without notice, at any time.</li>
       <li>The Service makes it possible to post messages hosted on the Service to outside web sites. This use is accepted (and even encouraged!). However, pages on other web sites which display data hosted on the Service must provide a link back to the <?php echo $product_name; ?>.com web site.</li>
       <li>These Terms of Use shall be governed by the laws of Finland and you submit to the exclusive jurisdiction of the Finnish courts.</li>
       <li>If any of the provisions of these Terms of Use are declared void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect.</li>
      </ol>
    <h2>
    Copyright
    </h2>
      <ol>
        <li>The Service and the Software are protected by copyright, trademark, trade secrets and other intellectual property rights of <?php echo $product_name; ?>. You agree to use the Service and the Software only pursuant to these Terms of Use, and not to reproduce, modify, translate, distribute, sublicense, or create derivative works based on, the Service or the Software or any parts thereof in any form unless otherwise expressly provided in these Terms of Use. You also agree not to reverse engineer, decompile or disassemble the Software, except as expressly permitted by law.</li>
        <li>We claim no ownership of any intellectual property rights over the Content that you upload to the Service. Any intellectual property rights in the uploaded Content belong solely to you (or your licensors). However, by uploading the Content to the Service, you grant <?php echo $product_name; ?> a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense, and prepare derivative works of, such Content, in any format or medium now known or later developed, solely on and through the Service, subject to these Terms of Use and separate Privacy Statement of <?php echo $product_name; ?>. You represent and warrant that you have sufficient rights to grant this license. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored on the Service.</li>
        <li>We will review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:</li>
          <ol>
              <li> A description of the copyrighted work that you claim has been infringed;</li>
              <li> Information sufficient to enable <?php echo $product_name; ?> to locate the allegedly infringing Content on the Service;</li>
              <li> Your address, telephone number and email address;</li>
              <li> A statement by you that you have a good faith belief that the use of the Content is not authorized;</li>
              <li> A statement by you that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright ownerâ€™s behalf; and</li>
              <li> A signature of the person authorized to act on behalf of the owner of the copyright interest.</li>
          </ol>
      </ol>
    <p>
    Claims can be sent to copyright (at) findme.com or <?php echo $product_name; ?> Ltd.,<?php echo $product_address; ?>.
    </p>
    <h2>
    Limitation of Liability
    </h2>
      <ol>
       <li>The Service and the Software are made available to you for your convenience on an "as is" and "as available" basis. <?php echo $product_name; ?> DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. <?php echo $product_name; ?> does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software are still beta versions and may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms of Use, you specifically agree that <?php echo $product_name; ?> is not liable for any of the above issues. Moreover, you understand that <?php echo $product_name; ?> does not warrant or represent that the Service and/or the Software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
       <li><?php echo $product_name; ?> SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
       <li>If you are dissatisfied with the Service or the Software, or have any other disputes or claims with or against <?php echo $product_name; ?> with respect to the Service or the Software or these Terms of Use, then your sole and exclusive remedy is to discontinue using the Service and/or the Software.
      </ol> 
    <h2>
    Modification of these Terms of Use
    </h2>
    <p>
    You understand that we are continuously developing the features and the functionality of the Service and the Software. Consequently, we also reserve the right to modify these Terms of Use at any time in our sole discretion. You agree that such alteration shall be effective upon posting on the <?php echo $product_name; ?>.com web site and you will be bound to any alterations when you use the Service after such alteration is posted. It is therefore important that you review these Terms of Use regularly on the <?php echo $product_name; ?>.com web site to ensure you are updated regarding any alterations. Your sole remedy should you not agree with the altered Terms of Use shall be to close your account and to cease using the Service and the Software. 
    </p>
    <?php 
        include ("footer.php");      
      ?>
    </div><!-- main -->
    <?php         
        include ("ga.php");
    ?>
  </body>
</html>
